RADHAMANI PROPRIETRIX Vs. ENFORCEMENT OFFICER

JUDGEMENT

(1.) THE petitioner purchased a factory and its premises, namely, Sree Muruga Cashew Factory, from respondents 2 and 3 as per Ext.P1 sale deed dated 29.5.2009. It is averred by the petitioner that at the time of purchase, she made enquiries with the office of the Employees Provident Fund Organisation and she got information that there were no arrears or dues payable by the employer under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and the scheme framed thereunder. THE petitioner received chalan receipts for the period from April 2008 to March 2009 (Exts.P2 to P13) evidencing payment of employer's contribution for the said period. After the purchase of the factory and property, the petitioner was remitting the contributions to the Employees' Provident Fund.

(2.) WHILE so, on 12.10.2009, the first respondent, the Enforcement Officer, Employees Provident Fund Organisation, Sub Regional Office, Kollam, sealed the godown of the Factory wherein raw cashew nuts worth Rupees One Lakh were stored, after attaching forty bags of cashew nuts as per Ext.P18 mahazar dated 12.10.2009.

(3.) THE second respondent filed a counter affidavit, in which, he stated that for the period from July 2006 to April 2008, he was not in control and management of the factory and he was not holding the licence. THE factory was licensed in the name of one Y.Thomas of Chengamanadu during that period and he was running the factory. THE licence was duly transferred in the name of Y.Thomas and the factory continued to function till April 2008 under valid licence. THE second respondent contended that he is not liable to pay the arrears of Provident Fund for the period from July, 2006 to April, 2008.